15th April 2025 |
Open Consultations
National legislation is currently being prepared in order to implement Directive (EU) 2023/2668. The objective of this public consultation is to seek the initial views of relevant stakeholders on the key provisions of the agreed Directive.
Background
Directive 2009/148/EC of the European Parliament and of the Council aims to protect workers against risks to their safety and health from exposure to asbestos at work. A consistent level of protection from the risks related to the occupational exposure to asbestos is provided for in that Directive by a framework of general principles to enable member states to ensure the consistent application of minimum requirements. The aim of those minimum requirements is to protect workers at Union level, while more stringent provisions can be set by member states.
On 28 September 2022, the European Commission published a proposal to revise the legislation on asbestos exposure in the workplace as part of a package aimed at ensuring an asbestos-free future for EU citizens. The European Parliament Plenary voted in favour of the updated rules on 3 October 2023. The Directive was formally adopted on 22 November 2023.
Member states are required to transpose these provisions into national law by 21 December 2025, with specific technical requirements to be adopted by 2029. The EU also plans to provide technical support and information on funding, especially aiding small and medium-sized enterprises in complying with these new regulations.
Text of the Directive: Directive (EU) 2023/2668
The Directive on the protection from asbestos in the workplace will introduce new safety measures for workers exposed to asbestos during their work. The use of asbestos is banned in the EU since 2005, but older buildings and infrastructure built prior to this may contain asbestos used for their strengthening and fireproofing protection.
Asbestos causes illnesses such as cancer with high rates of death, (in 2019, over 70,000 people in the EU died of illness related to asbestos exposure). The Directive lowers the limit value for asbestos exposure a work by ten times and updates the methods for measuring asbestos.
This Directive represents a significant advancement in the EU's commitment to worker health and safety. By setting more stringent exposure limits and strengthening preventive measures, the Directive aims to significantly reduce the risk of asbestos-related diseases among European workers. This move aligns with the broader objectives of Europe's Beating Cancer Plan and the European Green Deal, emphasising the EU's holistic approach to health and environmental sustainability.
Key provisions of the Directive
- The Directive on asbestos in the workplace reduces the maximum limit of asbestos to which a worker can be exposed tenfold to 0.01 fibres per cm3. After a maximum transition period of six years, detection and measurement of asbestos will have to be conducted using electron microscopy, which is more sensitive than technology (phase-contrast microscopy) and will make possible the measurement of thin asbestos fibres.
- Following the introduction of electron microscopy, all EU member states will have the option to either measure thin asbestos fibres (in which case the maximum exposure limit will remain at 0.01 f/cm3) or to not measure thin asbestos fibres (in which case the maximum exposure limit will be reduced to 0.002 f/cm3). This means that the new measurement requirements will not significantly affect Irish industry until 2029.
- Permits will be required for asbestos removal, and employers will be required to investigate whether asbestos are present in structures before workers can begin demolition or maintenance work.
- The Directive requires workers at risk of exposure to asbestos in the workplace to wear suitable PPE and undergo compulsory training.
- The Directive also requires that a register of all medically diagnosed asbestos-related diseases be kept.
Consultation process
Submissions
The department seeks the views of stakeholders and interested parties as the national legislation is currently being prepared in order to implement this Directive.
Respondents are requested to make their submissions by email to the Chemicals Policy Unit at chemicals@enterprise.gov.ie.
Submissions should be marked, “Response to public consultation on Directive (EU) 2023/2668 asbestos at work'.
The closing date for receipt of submissions is 5pm on 23 May 2025.
Freedom of Information Act 2014 and publication of submissions
The department will make public on its website all submissions received under this consultation. Your attention is also drawn to the fact that information provided to the department may be disclosed in response to a request under the Freedom of Information Act 2014. Therefore, should you consider that any information you provide is commercially sensitive, please identify same, and specify the reason for its sensitivity. The department will consult with you regarding information identified by you as sensitive before publishing or otherwise disclosing it.
General Data Protection Regulation
Respondents should note that the General Data Protection Regulation (‘GDPR’) entered into force in Ireland on 25 May 2018 and it is intended to give individuals more control over their personal data.
The key principles under the regulation are as follows:
- lawfulness, fairness, and transparency
- purpose limitation
- data minimisation
- accuracy
- storage limitation
- integrity and confidentiality
- accountability
The Department of Enterprise, Trade and Employment is subject to the provisions of the regulation in relation to personal data collected by it from 25 May 2018. Any personal information which you volunteer to this department, will be treated with the highest standards of security and confidentiality, strictly in accordance with the Data Protection Acts 1988 to 2018.
Topics:
Chemicals Regulation